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ALLEN v. CUOMO

Nos. 324, 325, Dockets 96-2255, 96-2257.

100 F.3d 253 (1996)

Jimmie Lee ALLEN, Jeffrey Davis, Gary Vann, Leroy William, on behalf of themselves and a class constituting of all similarly situated individuals, Plaintiffs-Appellants, Albert Woods, Jonathan Cureton, on Behalf of Themselves and A Class Constituting of all Similarly Situated Individuals, Plaintiffs, v. Mario M. CUOMO, Governor of the State of New York, Robert Abrams, Attorney General of the State of New York, Thomas A. Coughlin III, Commissioner of New York State Department of Correctional Services, Charles J. Scully, Superintendent of Green Haven Correctional Facility, Wallace Oldham, Deputy Superintendent of Security Services of Green Haven Correctional Services, Jointly, Severally and Individually, Respectively, Patrick J. Bulgaro; Cyril Coefield, Captain, Christopher Artuz, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 7, 1996.

Attorney(s) appearing for the Case

Joseph W. Rand, New York City (Robert N. Shwartz, Debevoise & Plimpton, of counsel), for Plaintiffs-Appellants.

Barbara K. Hathaway, Assistant Attorney General, State of New York, New York City (Dennis C. Vacco, Attorney General of the State of New York, Thomas D. Hughes, Assistant Solicitor General, State of New York, of counsel), for Defendants-Appellees.

Before: MESKILL and KEARSE, Circuit Judges.

MESKILL, Circuit Judge:

Plaintiffs, who are inmates of New York State's Green Haven Correctional Facility (Green Haven), brought this action pursuant to 42 U.S.C. § 1983 challenging the constitutionality of two changes in the regulations of the Department of Correctional Services (DOCS) pertaining to a mandatory five dollar disciplinary surcharge imposed on inmates found guilty of violating certain prison rules and a one time three week pay lag of inmate wages...

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